ORDER :

J. Nisha Banu, J.

1. This petition has been filed by the petitioners challenging the order refusing to waive the cooling off period of six months passed by the Court below in I.A. No. 2 of 2019 in H.M.O.P. No. 143 of 2019.

2. The learned counsel for the petitioners submitted that the marriage between the petitioners solemnized on 29.08.2018 and due to difference of opinion, they had no cohabitation and they did not live jointly and peacefully. The petitioners tried to sort out their difference of opinion with the help of elders and waited for more than one year. The parents of both sides and their relatives tried to convince both the petitioners, but the conciliation process was not succeeded and materialized. The petitioners have mutually exchanged their belongings and they also decided not to claim any maintenance in future. The petitioners are separately living along with their parents for the past one year. As they could not arrive at good understanding terms even after one year, they felt that they could not lead the matrimonial life jointly and peacefully and hence, they filed a petition for divorce with mutual consent. After filing the said petition, the petitioners have filed an application to waive the cooling off period of six months and to take the petition for divorce on file.

3. The learned counsel for the petitioners would further submit that the Court below has erroneously dismissed the said petition holding that there is no material or pleadings to show as to whether both the petitioners attended any mediation or counseling and that the condition stipulated in para 19(ii) of the decision of the Hon'ble Supreme Court in Amardeep Singh Vs. Harveen Kaur, reported in, 2017 (8) SCC 746 has not been complied with by the petitioners. He would further submit that the cooling off period mentioned in Section 13-B(2) has been incorporated in the Act in order to safeguard the parties from making a hurried decision and the same cannot be shown as a reason to perpetuate a purposeless marriage or to prolong the agony of the parties when the decision is loud and clear and the same is also accepted by both the families. In the present case, even after both the families and the parties themselves have taken a decision to end the marriage, the Court below has erroneously refused to waive the cooling off period and dismissed the application. Thus, he prayed to allow this petition.

4. Heard the learned counsel for the petitioners and perused the records carefully.

5. A perusal of record shows that the marriage between the petitioners was solemnized on 29.08.2018. The petition for divorce along with the application seeking to waive the cooling off period was filed on 23.09.2019. According to the petitioners, they have been living separately for more than one year and that their parents and relatives mediated to sort out their differences, but it could not succeed and therefore, they filed the petition for divorce by mutual consent and that as the conciliation process has already been completed and it was not succeeded, the Court below ought to have waived the cooling off period.

6. In the case of Amardeep Singh Vs. Harveen Kaur, reported in (2017) 8 SCC 746, the Hon'ble Supreme Court has held that the Court can waive the statutory period stipulated under Section 13-B(2) of the Hindu Marriage Act, on consideration certain parameters. The relevant portions are extracted hereunder:-

"18. Applying the above to the present situation, we are of the view that where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following:

(i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;

(ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23